In this post, the author examines how the recent trend adopted by the Supreme Court is going against the constitutional principle of dualism and separation of power. The article provides a comparative analysis of the situation prevalent in developed nations like the UK and the USA. Continue reading Are the Indian Courts Still Following the Constitutional Principle of Dualism? Not Quite So
In this post, Manvendra Singh Jadon attempts to exact the essentials of the standard of proof adopted in international adjudication by referring to the views taken in various cases of international disputes and appeals for a universal principle to be employed by courts determining the same. Continue reading Treading in Shallow Waters: The Contentious Standard of Proof in International Adjudication
The ‘unable or unwilling’ test allows a state to lawfully use force against non-state actors who are present in another state which is unable or unwilling to suppress the threat posed by the non-state actors. In this post, Ahmad Ammar and Arkaprava Dass seek to establish the test as fundamentally antithetical to Article 51 of the UN Charter pertaining to the use of force, and offer options to minimise collateral damage for both host and victim state. The article finds its premise in the Balakot Air Strikes of February 2019, wherein the Indian Air Force had targeted the training camps of a terror group based in Pakistan. Continue reading Host State, Victim State: Problematising the ‘Unable/Unwilling’ Test
In the latest post, Yash Vardhan Aggarwal throws light on how in the wake of the Pulwama terror attack, India’s next step should be to internationally isolate Pakistan as a state-sponsor for terrorism. He further elucidates how India now has to right under international law to sever diplomatic ties with Pakistan and impose economic sanctions. Continue reading India has the Right under International Law to Sever Diplomatic Ties with Pakistan
In this essay, Yekalo Ghebremicael writes on the application of the principles of International Humanitarian Law to cyber-attacks. Continue reading Cyberwarfare in the Context of International Humanitarian Law
By: Rabindra Kumar Mitra INTRODUCTION “The real problem is not whether machines think but whether men do.” – F. Skinner Today, the term ‘Government’ is associated with incompetence, corruption, red-tapism, and power being concentrated in the hands of the few. The same picture is reflected in Banks, Courts and other instruments of the State. So, what happens if these intermediaries are released from their supervisory … Continue reading Blockchain Technology: Importance of Transnational Laws and Jurisdictional Issues in Blockchain Dispute Resolution
By: Urmil Shah INTRODUCTION The internet has developed so rapidly since the 1990’s that we have now entered an age where we require laws to regulate and govern it. Essentially, the internet relies upon voluntary adherence and theoretically is a network of people passing along packets of information so that when the time comes you pass along packets for them. Tim Berners Lee, the inventor … Continue reading Cyber Security in the Age of Privacy
By: Priyadarshini Barua INTRODUCTION At the China Institute Event in April, New York, Gilbert Kaplan, an undersecretary for international trade at the US Commerce Department, said that China is “stealing American intellectual property and engaging in commercial cyber espionage”. It is not the first time that the country has been accused of economic espionage. Back in 2014, Reuters reported that the United States had charged … Continue reading Jurisprudence: Deliberating upon Cyber Economic Espionage
By: Rishabha Meena INTRODUCTION The issue here is with regard to the legality of the tariff imposed by the United States on imported washing machines and solar cells. It is inconsistent with the Agreement on Safeguards (hereinafter ‘AoS’) and the General Agreement on Tariffs and Trade, 1994 (hereinafter ‘GATT’). The Agreement on Safeguards and Article XIX of GATT deal with the application of safeguard measures … Continue reading Is Imposition of Tariffs by the U.S. on Imported Washing Machines and Solar Panels Legal?
By: Aman Bahl The law of naval warfare as it existed in 1907 and as it is apprehended in 2018 displays a few similarities but many differences. The fundamental similarity is that the law of naval warfare can be seen, then as now, as comprising predominantly of customary international law. The many disparities in this law have been caused by the major variations in the … Continue reading Autonomous Naval Mines: An Upcoming Threat to the Freedom of Navigation in the High Seas?